SUB-09-07 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for the Preliminary Plat of D4, )
in the R-4 District; ) FINDINGS OF FACT,
Applicant: Lots N Land, LLC ) CONCLUSIONS OF LAW,
File No. SUB-09-07 ) AND DECISION
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-4 zoning district.
Summary of Decision: Approve preliminary plat; subject to the preliminary plat being modified
to provide an additional road connection to Buckeye Avenue, and subject to amended conditions
of approval. The preliminary plat will expire on May 12, 2013, unless a request for an extension
of time is timely submitted at least 30 days prior to such expiration date.
II. FINDINGS OF FACT
Procedural Background
1. The application seeks approval of the preliminary plat of D4, to subdivide a 19.09-acre
parcel of land into 88 lots for single-family dwellings; in the Single-family Residential Urban(R-4)
district of the City Uniform Development Code (UDC).
2. The site is located between, and adjacent to, Buckeye Avenue and Euclid Avenue;
approximately 600 feet east of Barker Road. The property is situated in the NW 1/4 of Section 8,
Township 25 N, Range 45 EWM of Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55082.0103 and
55082.0108, and is legally described on the preliminary plat map of record.
4. The applicant and site owner is Lots N Land, LLC; do Kenneth Tupper, 122 N. Raymond
Court, Suite 3, Spokane Valley, WA 99206.
5. On November 8, 2007, the applicant submitted a complete application for the preliminary
plat.
6. On February 8, 2008, the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance (MDNS) for the application. The MDNS was not
appealed.
7. On March 27, 2008, the Hearing Examiner held a public hearing on the application. The
Examiner conducted site visits on March 25, 2008 and May 10, 2008.
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8. The following persons testified at the public hearing:
Michael Basinger, Senior Planner Greg McCormick
City Planning Division City Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Stan Schultz Loyd Peterson
Attorney at Law, 3001 N. Joel Court
425 S. Alpine Drive Spokane Valley, WA 99027
Liberty Lake, WA 99019
Chet Nelson Jim Flannery
18719 Fairview Ct 2901 N. Joel.Road
Otis Orchards, WA 99037 Spokane Valley, WA 99027
Mike Donahue Art Britton
18809 E. Fairview Court 18812 E. Euclid
Spokane Valley, WA 99027 Spokane Valley, WA 99027
George Karlin Harriet Blum
2918 N. Joel Road 2926 N. Joel Road
Spokane Valley, WA 99027 Spokane Valley, WA 99027
Susan Vanwyk Alysa Wyrick
3002 N. Joel Road City Engineering Department
Spokane Valley, WA 99027 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
9. The Hearing Examiner heard the proposal pursuant to Chapter 18.20 of the UDC, and the
City Hearing Examiner Rules of Procedure.
Items in Record
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
UDC and Municipal Code; City Standards for Road and Sewer Construction; and other applicable
development regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in the application file at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Examiner.
Description of Site, Preliminary Plat
12. The site is approximately 19.09 acres in size, rectangular in shape, relatively flat in
topography, undeveloped, and consists of a grassy field used for agricultural purposes.
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13. The preliminary plat map submitted on November 8, 2007 illustrates 88 single-family lots;
which range in size from 6,623 square feet to 10,903 square feet in size, and have an average lot
size of approximately 7,700 square feet. The density (net) of the preliminary plat is approximately
5.6 dwelling units per acre.
14. The preliminary plat map illustrates an internal system of public roads; which includes the
extension of McMillan Road along the east boundary of the, between Buckeye Avenue and Euclid
Avenue, an additional road connection to Euclid Avenue, and a connection to Fairview Avenue
west of the site.
15. The east 19 feet of the site would be utilized as right of way for McMillan Road in the
project. The City right of way that abuts the site on the east would form the remainder of the
right of way for the extension of McMillan Road.
Land Use Designations for Site and Neighboring Properties
16. The site, and neighboring land located south of Euclid Avenue, are designated in the Low
Density Residential category of the City Comprehensive Plan, and zoned R-4.
17. The land lying north and northwest of the site, between Euclid Avenue and a railway line
located further to the north; as well as a few acres of land located 650 feet west of the site, at the
southwest corner of the intersection of Barker Road and Hattamer Lane; are designated in the
Public/Quasi-Public category of the Comprehensive Plan, and zoned Community Facilities (CF).
18. The land lying further to the north, and the land lying northeast of the site, is designated in
the Light Industrial category of the Comprehensive Plan, and zoned Light Industrial (I-1).
Surrounding Conditions
19. The land located north of the site between Euclid Avenue and the railroad line, east of
Barker Road, consists of agricultural land; except for a fenced utility yard for a power company
(Avista) located directly north of the site across Euclid Avenue.
20. The land lying east of the site and the adjacent City right of way consists of acreage parcels
improved with single-family residences and associated rural uses; except for the land lying
approximately 200 feet east of the south one-half(1/2) of the site, which consists of a mobile
home park that accesses Buckeye Avenue.
21. The land lying south of the site and Buckeye Avenue consists of manufactured home park
subdivisions, on lots ranging from approximately 8,000 square feet to 9,500 square feet.
Numerous residential subdivisions, at urban housing densities, are found south of the Spokane
River, east of Barker Road, in the area.
22. The 27-lot Coach-Lite Estates subdivision abuts the south portion of the site on the west,
Buckeye Avenue on the south, and Barker Road on the west. Such plat generally consists of
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10,500-square foot lots improved with single-family homes, in the form of manufactured homes;
along with a 1.3-acre parcel that abuts Barker Road and contains a single-family residence.
23. The 6-lot Meadowlark Addition subdivision abuts the north portion of the site on the west,
and extends between.Euclid Avenue and the Coach-Lite Estates plat. Such plat generally consists
of lots ranging from one-third(1/3) to one (1) acre in size, improved with single-family homes.
24. The land located between the Coach-Lite Estates plat and Barker Road consists of 1-acre
parcels improved with single-family homes.
25. Barker Road is designated as a future Principal Arterial by the City Arterial. Street Plan, and
is functionally classified as a Minor Arterial at the present time. Euclid Avenue is designated as a
future Minor Arterial, and is functionally classified as a Collector Arterial at the present time.
Other neighboring roads, including Buckeye Avenue, are Local Access streets.
26. Barker Road has a freeway interchange with Interstate 90 (I-90) approximately one (1) mile
south of Buckeye Avenue. The Barker Road bridge located south of the site is scheduled for
replacement beginning in 2008 and ending in 2009. See Hearing Examiner decision in File No.
SDP-01-07.
27. Trent Avenue (State Route No. 290), a state highway, is located approximately 1.3 miles
north of Euclid Avenue. The roads in the vicinity are paved; but lack sidewalk, and in some
cases, curbs.
28. The Spokane River is located approximately one-fourth (1/4) mile south, and also
southwest, of the site. The Spokane Centennial Trail, a regional public trail system, is located
along the south side of the Spokane River in the area.
29. The City Parks and Recreation Department has proposed a neighborhood park on
undeveloped land located some distance east of the site. The closest public transit stop is located
approximately one (1) mile south of the site, at the intersection of Barker Road and Mission
Avenue.
30. The area is located in Spokane County Fire District 1 ("Spokane Valley Fire Department"),
which is not part of the county or city government. A fire station is located approximately 1.8
miles southeast of the site, along Harvard Road, north of Interstate 90. A fire station and training
center are located approximately 2.0 miles west of the site, at the southeast corner of the
intersection of Sullivan Road and Marietta Avenue.
Concerns raised by Neighboring Property Owners
31. All lot owners in the Meadowlark and Coach-Lite Estates developments located west of the
site opposed the connection of the road system in the project to Fairview Avenue. This was
based on such concerns as the lot owners being mostly senior citizens, increased traffic along Joel
Road from the project, the lack of sidewalks along Joel Road, impacts on traffic and pedestrian
safety along Joel Road, loss of privacy and increased noise. See petition in Exhibit#21
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32. The above lot owners requested that the road system in the project provide an additional
connection south to Buckeye Avenue, across from or east of the intersection of Buckeye Avenue
and Harmony Road; to avoid the need to connect the project to Fairview Avenue and facilitate
fire access to the project from Euclid Avenue.
33. The owner of a lot lying directly southeast of the site across Buckeye Avenue expressed
concerns with the project; based on such concerns as increased traffic in the area, impacts on
school capacity, small lot sizes and homes in the project, impacts on air quality, impacts on rural
character, and impacts on retired persons. See, e.g. letter from Kelly Howard.
Applicable Policies of Comprehensive Plan
34. The Low Density Residential category of the Comprehensive Plan contemplates residential
densities ranging from 1-6 dwelling units per acre, with the majority of such designation intended
for densities ranging from 4-6 dwelling units per acre. The R-1, R-2, R-3 and R-4 districts of the
UDC are intended to implement such category. The density(net) of the preliminary plat is
approximately 5.6 dwelling units per acre.
35. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the
development and enforcement of the City's land use regulations and joint planning.
36. Policy LUG-15.1 of the Comprehensive Plan recommends that archaeological and historic
sites be continually identified and evaluated to determine which should be preserved. Policy LUP-
15.3 recommends that relations with Native American tribes be established and maintained for the
preservation of archaeological sites and traditional cultural properties.
37. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of
transportation routes and facilities to serve residential neighborhoods; with special attention given
to pedestrian circulation, biking and transit uses.
38. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged
in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle
and car.
39. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
40. Policy TP-2.1 of the Comprehensive Plan recommends that street designs complement
adjacent development.
41. Policy TP-4.1 3 of the Comprehensive Plan recommends that high-speed traffic be restricted
from residential neighborhoods, and utilizing traffic calming strategies to reduce vehicular speeds
where appropriate.
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42. Policies TP-9.8 and TP-9.2 of the Comprehensive Plan recommend that pedestrian facilities
such as sidewalks be required in all new developments, and that sidewalks be provided on both
'ce side of arterial streets as funding allows. Policy TP-9.9 recommends reducing obstructions and
conflicts between bicycle/pedestrian facilities and vehicular transportation routes.
43. Policy NEP-20.5 of the Comprehensive Plan recommends that streets in new development
be paved, to mitigate adverse impacts on air quality.
44. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and indicates
that conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation.
45. Policy CFP-8.2 of the Comprehensive Plan recommends that the adequacy of school
facilities be considered when reviewing new residential development.
46. Policy CF-9.1 of the Comprehensive Plan recommends a concur rency management system
for transportation, sewer and water facilities.
Compliance with R-4 District and Subdivision Requirements of UDC
47. The preliminary plat complies with the lot area, lot width, lot depth and other applicable
development standards of the R-4 district; as indicated in the Staff Report.
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48. The Staff Report did not analyze the consistency of the preliminary plat with the lot
arrangement requirements for new subdivisions set forth in Section 20.20.090(2) of the UDC,
although the preliminary plat generally appears to comply with such requirements.
Traffic Concurrence, Provisions for Roads
49. Section 20.20.090(3) of the UDC recommends that block dimensions for new subdivisions
reflect due regard for the needs of convenient access, public safety, connectivity, emergency
vehicle access, topography, road maintenance, and the provision of suitable sites for the land use
planned.
50. Section 20.20.090(3) of the UDC requires that street alignments be designed and
constructed with appropriate consideration for existing and planned roads, anticipated traffic
patterns, topographic and drainage conditions, public safety, and the proposed use of the lots in
the subdivision.
51. Section 1.03 of the 2001 County Standards for Road and Sewer Construction, as adopted
by the City(hereinafter referenced as "City Road Standards"), addresses the design of road
systems for new developments, and recommends the provision of adequate vehicular and
pedestrian access to all parcels of land, minimizing through traffic movements and excessive
speeds on local access streets, logical street patterns, minimizing vehicular and pedestrian-
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vehicular conflict points, considering traffic generators in designing a street system in a proposed
development, and considering bordering arterial routes.
52. The City Road Standards also establish standards for the construction of new access roads,
and the reconstruction of existing access roads; and give the City Engineer discretion in
prescribing the actual roadway section required based on a number of factors, and approving
design deviations in appropriate circumstances. See Road Standards, Chapter 3,
53. The City Road Standards require the construction of curb, gutter and separated sidewalk
along the frontage of new developments within urban land use zones.
54. The City Engineering conditions of approval for the project require the applicant to install
frontage improvements along Euclid Avenue to a Collector street standard, including additional
asphalt, curb, sidewalk and swales; and along Buckeye Avenue to a Local Access street standard,
including additional asphalt, curb, sidewalk, gutter and swales.
55. The City Engineering conditions of approval require the internal roads in the project to be
paved; and have curb, sidewalk, gutter and swales on both sides.
56. The MDNS issued for the application requires the applicant to contribute $29,512 to the
City, to provide 5% of the funds for a road project to improve Barker Road between Appleway
Avenue and Broadway Avenue, immediately south of the 1-90/Barker Road freeway interchange.
Such project is included in the City's 2007 Transportation Improvement Plan(TIP). See
Comprehensive Plan, project#32 on p. 52 of Section 4 of Comprehensive Plan, and p. 5 of lead
agency environmental checklist review.
57. The applicant did not object to the transportation impact fee required by the MDNS, which
was based on the traffic impact the project would generate along Barker Road at the freeway
interchange. See p. 13 of environmental checklist.
58. City Engineering issued a certificate of transportation concurrency for the current
application. The certificate represents a conclusion by City Engineering that the project, as
conditioned, will not degrade the level of service (LOS) at City road intersections serving the
project to a failing level at the time of project build out. See Sections 22.20.020 and 22.20.080 of
UDC, p. 10-12 of Chapter 3 of Comprehensive Plan, and Table 4.3 on page 8 of Chapter 4 of
Comprehensive Plan.
59. Lloyd Peterson, a resident in the Coach-Lite Estates development, submitted a letter dated
September 9, 2007 from Kevin Miller, Fire Marshall of County Fire District 1. The letter was
submitted regarding a previous version of the project; which was submitted in 2005, prior to
adoption of the UDC on October 28, 2007, and was replaced with the current project on
November 7, 2007. See letter dated 11-7-07 from Kenneth Tupper to Mike Basinger.
60. The September 9, 2007 letter from Kevin Miller of Fire District 1 states that the fire district
had "...already commented and approved this subdivision as submitted...", referencing the prior
application submitted for the site. The letter agreed with Lloyd Peterson's desire to have the road
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system in the prior application altered to allow Harmony Road in the project to be extended
directly to Buckeye Avenue, to allow emergency vehicles greater access in the form of reduced
response times to such project; and agreed that such road extension would reduce traffic along
Joel Road from the prior project submitted for the site, and reduce possible accidents along Joel
Road. The letter also recommended that Peterson contact the City's traffic engineers to see if
such project met the City's traffic analysis.
61. Peterson testified at the public hearing that he had also discussed the situation with the
Assistant Fire Marshall for Fire District 1; who agreed with him regarding the need to extend
Harmony Road in the current project to Euclid, instead of connecting the project to Fairview
Avenue. See Exhibit#19, and testimony of Lloyd Peterson.
62. The fire station located along Harvard Road to the southeast is approximately 2.5 miles
driving distance from the site, via Harvard Road and Euclid Avenue; which route does not cross a
railroad line. The fire station located to the west, along Sullivan Road, is approximately 2.0 miles
driving distance from the site; via Marietta Avenue, Euclid Avenue, Flora Road, and Euclid
Avenue; which route crosses two railroad tracks.
63. The only comments from County Fire District 1 regarding the current application were
submitted by Rick Freir, Fire Inspector; in a letter dated January 9, 2006. The letter requested
that conditions be imposed on the project regarding the installation of fire hydrants and water
flow, but did not address the access issues raised by Lloyd Peterson or Kevin.Miller.
64. The only access out of the Coach-Lite Estates subdivision, for the 27 lots in such
development, is Euclid Avenue via Joel Road; except for the 1.3-acre parcel that abuts Barker
Road. See final plat of Coach-Lite Estates. Three (3) of the lots in the Meadowlark Addition
development abut Joel Road, with the other three (3) lots abutting Euclid Avenue. Accordingly,
29 homes currently rely on Joel Road for access to Euclid Avenue.
65. The final plats of Coach-Lite Estates and Meadlowlark Addition, which abut each other
south and north, each reserve a 1-foot strip at the end of the one-half(1/2) rights of way for
Fairview Avenue adjacent to the site; to be reserved as County property, or held in trust, until the
right of way is continued to the east or the site is platted. The City inherited the County road
system and road rights of way after being incorporated in 2003.
66. The applicant objected to modification of the preliminary plat to require the extension of
Harmony Road in the project to Euclid Avenue. The applicant contended that the most expedient
fire access to the preliminary plat is provided from the Harvard Road fire station located to the
southeast, the preliminary plat already provides numerous access points, McMillan Road in the
preliminary plat will provide excellent access between Euclid Avenue and Buckeye Avenue for
general traffic and fire/emergency vehicles, City Engineering had previously reviewed and
approved the preliminary plat for circulation and access, and the preliminary plat complies with
the City's road requirements.
67. City Engineering introduced information at the public hearing which establishes that the
minimum separation distance for intersections along a Local Access street, such as Buckeye
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Avenue, is 150 feet, measured from the centerlines of the road. This includes intersections along
both sides of the road. City Engineering did not otherwise address the access issues raised by
neighboring property owners. See testimony of Alysa Wyrick, and Exhibit 22.
68. The application file contains no traffic or vehicle trip distribution analysis for the project,by
either the applicant or City Engineering. Considering that 1-90 is located south of the site along
Barker Road, it is reasonable to assume that a majority of the peak hour and daily traffic
generated by the project will flow along Barker Road between Euclid/Buckeye and 1-90. This
would logically include the use of Fairview/Joel/Buckeye by vehicles in the project to reach
Barker.
69. The extension of Harmony Road in the project to Euclid Avenue, and elimination of the
connection to Fairview Avenue/Joel Road would appear to provide only marginal benefits
regarding fire access; considering fire access is available to the interior of the project from
proposed McMillan Road, via either Euclid or Buckeye; and considering fire access from Euclid
Avenue, through the site, to the homes currently accessing Joel Road would be eliminated. Kevin
Miller presented no qualifications in his letter indicating that he has expertise in traffic safety
engineering.
70. Considering there are 88 proposed homes in the project, Fairview Avenue is one (1) of the
four (4) exterior accesses for the project, and there are 29 lots that currently access Joel Road,
the connection to Fairview Avenue could potentially double the existing traffic along Joel Road.
This is along a road that has no sidewalks.
71. Connection of the preliminary plat to Fairview Avenue would allow residents in the
subdivisions to the west to access Euclid Avenue through the public road system in the
preliminary plat; including both vehicular access, and pedestrian access along sidewalks.
72. The centerline of existing Harmony Road in the project lies approximately 30 feet west of
the centerline of existing Harmony Road to the south, and approximately 300 feet east of the
centerline of Joel Road. Harmony Road in the preliminary plat would have to be curved slightly
to the west in the project to be directly opposite the intersection of Harmony Road and Euclid
Avenue south of the site. This would likely eliminate a few lots in the project, but appears
feasible.
73. The site has approximately 647 feet of frontage along Buckeye Avenue. This is sufficient
right of way to allow a second road extension from the road system in the preliminary plat to
Buckeye Avenue, and to meet the 150-foot intersection separation requirement in relation to
McMillan Road and Harmony Road.
Sewer and Water Concurrency; Provisions for Parks and Schools
74. The UDC requires direct concurrency only for public sewer, public water and
transportation. Direct concurrency is not required for schools, parks, police, fire or other items of
public infrastructure and services.
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75. County Utilities certified that public sewer is available to serve the project. Consolidated
Irrigation District No. 19, and County Fire District 1, certified that public water is available to
serve the project at required levels.
76. The conditions of approval recommended by the Spokane Regional Health District and
County Utilities require the preliminary plat to be served with public sewer and water. The
proposal meets the public sewer and water concurrency requirements of the UDC.
77. East Valley School District was contacted regarding the project, but did not submit any
comments. There is no competent evidence in the record that the project would have any
significant adverse impacts on schools.
78. A potential new park site has been identified east of the site, north of Buckeye Avenue. The
City Parks and Recreation Department did not request any mitigation for the project.
Cultural Resources
79. The State Department of Archaeology and Historic Preservation(DHAP) commented that
the area has a high potential for archaeological resources, given its location and the presence of
several known sites nearby. The Spokane Tribe of Indians advised that two (2) known
archaeological sites in the vicinity have been collected in the area, sent to the DHAP, and may be
eligible for listing on the National Register.
80. Both the DHAP and the tribe advised that identification during construction is not a
recommended detection method, because this often results in construction delays and damage to
the resource from ground disturbing activities; recommended that professional archaeological
surveys of the project area be conducted prior to any ground disturbin g activities, and the
applicant consult with the tribe's cultural committees and staff regarding cultural issues.
81. The tribe requested that if any artifacts or human remains are found during excavation,
construction on the site immediately cease and that the tribe be immediately notified. The tribe
also requested an on-site meeting to discuss any actions on the site that may destroy
archaeological resources.
Drainage Impacts
82. The environmental checklist submitted by the applicant indicates that the stormwater
generated by the project will be treated and discharged using biofiltration swales ands drywells, in
accordance with the County Guidelines for Stormwater Management adopted by the City.
83. The above measures ensure that the uses in the project, neighboring land uses, and the
Spokane Aquifer will not be adversely affected by the changes in drainage resulting from the
project, and establishes compliance with the drainage requirements set forth in Chapter 22.150 of
the UDC.
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Miscellaneous Considerations
84. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and the zoning and land use classification identified in the Low Density
Residential category of the Comprehensive Plan. See Section 20.20.090 of UDC.
85. Except as indicated above, no public agencies objected to the project or its environmental
impacts.
86. The preliminary plat has been conditioned for compliance with the R-4 district, the UDC,
and other applicable development regulations. The Staff Report found that the application was
consistent with the Comprehensive Plan, and complied with the UDC and other applicable
development regulations.
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act(GMA) serve as the foundation for
project review; and that where standards for development are specified in local development
regulations, or in the absence of applicable development regulations, are addressed in a
comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
2. Under Washington case law, where the comprehensive plan of a local government conflicts
with zoning regulations or other development regulations, the zoning and other development
regulations are controlling.
3. Under Washington case law, community displeasure, standing alone, cannot be the basis for
denying a preliminary plat. Such views must relate to the approval criteria for the preliminary
plat.
4. Pursuant to RCW 36.70B.030, the Hearing Examiner cannot question the number of lots,
lot sizes, lot frontages, lot configuration, or proposed land uses in the preliminary plat; since such
features of the preliminary plat comply with the development standards of the R-4 district and
UDC.
5. The preliminary plat complies with the concurrency requirements set forth in Chapter 21.20
(Concurrency) of the UDC.
6. A condition of approval should be added that requires the final plat of the project to be
reviewed for consistency with the lot arrangement provisions set forth in Section 20.20.090(2) of
the UDC.
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7. A condition of approval should be added that requires the applicant to submit a professional
archaeological survey of the site, and the applicant to consult with the Spokane Tribe of Indians
cultural committees and staff regarding cultural resource issues, prior to any ground disturbing
activities on the site; and that if any artifacts or human remains are found during excavation, work
in the area of the excavation cease, and the tribe, DI IAP and City Planning Division be notified
within a 24-hour period.
8. The design of the internal road system in the preliminary plat will significantly increase
traffic along Joel Road, which lacks sidewalks. The degree of impacts appears avoidable,
considering the feasibility of extending Harmony Road in the project, or other connection from
the internal road system to Buckeye Avenue in addition to McMillan Avenue, to Buckeye
Avenue; which would be more direct than the proposed connection to Fairview Avenue. See
Policy TP-2.1, TP-9.8 and TP-9.2 of Comprehensive Plan; Section 1.03 of City Road Standards,
and Section 20.20.090(3) of UDC.
9. An additional connection should be required from the internal road system in the project
directly to Buckeye Avenue. Notwithstanding such requirement, connection of the road system in.
the project to Fairview Avenue is still desirable; to provide connectivity between Joel.Road and
Euclid Avenue. However, such connection should be left to the discretion of City Engineering.
See Policies LUP-1.4 LUP-2.3 and LUP-16.3 of Comprehensive Plan; and Section 20.20.090(3)
of UDC.
10. The preliminary plat, as conditioned, complies with the R-4 district, zoning, subdivision and
other requirements for land development set forth in the UDC; and with other applicable
development code provisions.
11. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
12. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; for all other requirements found to be necessary and
appropriate and for which written standards and policies have been adopted; and for open spaces,
streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation,
sidewalks and other planning features for children who only walk to and from school, noise and
dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities,
critical areas, and all other relevant facts as specified in RCW 58.17.110 and Section 20.20.100 of
the UDC.
13. The procedural requirements of the State Environmental Policy Act and Title 21
(Environmental Controls) of the UDC have been met.
14. Minor changes are needed to the conditions of approval, for formatting and clarification
purposes.
15. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the UDC and chapter 58.17 RCW.
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IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat is hereby approved, subject to a modification requiring an additional direct
connection of the road system in the preliminary plat to Buckeye Avenue, and the revised
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The conditions of approval set forth below shall apply to the applicant, which term shall
be deemed to include the owner and developer of the site; and their successors in interest.
2. The preliminary plat shall be designed substantially in conformance with the preliminary
plat map dated on October 25, 2007 and submitted on November 7, 2007; except as required
to be modified by the conditions of approval set forth below.
3. The preliminary plat shall be modified to that the road system provides an additional
p r1' p .� y p
direct connection to Buckeye Avenue. The modified preliminary plat shall be submitted to the
City Development Engineering Division and County Fire District 1 for review and comment
The City Community Development Department-Development Engineering Division may still
require the preliminary plat to connect to Fairview Avenue, at its discretion.
4. The approved preliminary plat shall have a maximum of eighty-eight (88) lots for single-
family dwellings, and shall not be substantially modified, unless a preliminary plat modification is
approved pursuant to Section 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan
Alterations) of the City of Spokane Valley Municipal Code (SVMC).
5. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the
preliminary plat, as modified, shall automatically expire on May 12, 2013, and become null and
void; unless a time extension for preliminary plat approval is timely submitted by the applicant and
approved by the Director.
HE Findings, Conclusions and Decision SUB-09-07 Page 13
5. Pursuant to Section 20.30.060 (Extensions of Time) of the SVMC, an application form and
supporting data for a time extension request must be submitted to the Director at least thirst 3 Q
calendar days prior to the expiration of .reliminar lat royal.
Ix
6. Pursuant to Section 20.20.050 (Prohibition against sale, lease or transfer of property) of
the SVMC, any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that
does not conform to the requirements of the preliminary plat: approval or that occurs without
approval, shall be considered a violation of chapter 58.17 RCW, and shall be restrained by
injunctive action and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or
transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall
be deemed a separate and distinct offense.
B. Prior to final plat approval, the applicant shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Submit a final plat that complies with all the requirements specified in Sections
20.20.090 and 20.40 of the SVMC. This includes the lot arrangement requirements of Section
20.20.090(2) of the SVMC.
2. Place the following statement in the final plat dedication: "All lots within this plat shall
comply with the building setback requirements, maximum building height standard, maximum lot
coverage standard and other applicable lot development standards for the R-4 zoning district or
successor zoning designation, to the extent permitted by Washington State law in effect at the
time of building permit application."
3. If current estimates for grading and fill change by more than 100 cubic yards, supply
additional information to supplement the existing environmental checklist if requested by the City
Planning Division. As an advisory, all activity must comply with Section 24.50 (Excavation, Fill,
and Grading) of the SVMC.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
4. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report, including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction(as adopted by the City, or as
amended), the 1998 Spokane County Guidelines for Stormwater Management (as adopted by the
City, or as amended), Spokane Valley Ordinance No. 05-013 (or as amended), and all other
federal, and all other federal, state and local regulations.
5. Frontage improvements are required on Euclid Road, which is designated as a Collector
Arterial street located in an Urban Residential zone. Frontage improvements include eighteen and
one half(18 1/2) feet of asphalt width from road centerline, Type B curb and gutter (2 feet), a 10-
foot roadside swale, and a 5-foot sidewalk. The total width of improvements is 35.5 feet. The
HE Findings, Conclusions and Decision SUB-09-07 Page 14
current right-of-way width is 40 feet, and one-half('/2) of the right-of-way is 20 feet. The
minimum one-half('h) right-of-way width, which extends to 2 feet behind the curb, is 22.5 feet. A
right-of-way dedication of 2.5 feet, and a border easement that extends from the right of way to
the back of the sidewalk, of 13 feet is required. This shall be designated on the construction plans
and final plat map. The right of way and border easement width was determined assuming that
the center of the road coincides with the center of the right-of-way. The applicant shall confirm
right-of-way location and widths(s). Note—the building setback begins at the edge of the border
easement.
6. Frontage improvements are required on Buckeye Avenue. Buckeye Avenue is designated
as a Local Access street. Frontage improvements include 15 feet of asphalt width from road
centerline, Type B curb and gutter(2 feet), 10-foot roadside swale, and a 5-foot sidewalk. The
total width of improvements is 32 feet. The current right-of-way is 60 feet, and one-half(''A) of
the right-of-way being 30 feet. The minimum one ('/2) half right-of-way width, which extends to 2
feet behind the curb, is 19 feet. A border easement, which extends from the right-of-way to back
of sidewalk, of 2 feet is required. This shall be designated on the final plat language and map.
The border easement width was determined assuming that the center of the road coincides with
the center of the right-of-way. The applicant shall confirm right-of-way location and width(s).
Note—the building setback begins at the edge of the border easement.
7. The internal street layout shall be coordinated with Public Works Development. All
internal streets shall be designated and designed as public streets. These streets are to be
composed of a minimum 28 feet of asphalt width and, on each side, S—curb and gutter (2 feet in
width), roadside swales, and a minimum 5-foot sidewalk. The total width of improvements is 62
feet. This requires 36 feet of right-of-way dedication and 13-foot border easements on both sides.
This shall be designated on the final plat language and map. Note—the building setback begins at
the edge of the border. Where streets end at the plat boundary, the right-of-way and border
easements shall continue to the plat boundary.
8. All intersection curb return radii shall be a minimum of 30 feet.
9. The project proponent is responsible for arranging for all nece ssar y utility adjustments,
s,
relocations, or improvements as required for completion of the project. The developer needs to
contact the purveyors of each affected utility regarding private service, utility improvements, and
any relocation and adjustment costs. All rigid objects shall be located out of the clear zone.
These clear zone requirements can be found in the 2001 Spokane County Road and Sewer
Standards, as adopted by the City or as amended.
10. For the installation of utilities in the Spokane Valley roadway system, the civil plans shall
show the extent of pavement removal and replacement; a cross section which shows existing lane
width and replacement land width, pavement thickness, top course thickness, cross slope; profiles
showing centerline, right and left edge of pavements including grades and changes in elevation
from existing, and how the replaced roadway ties into existing.
HE Findings, Conclusions and Decision SUB-09-07 Page 15
11. A traffic control plan will be required for work within the right-of-way. The plan shall be
part of the civil submittal, and shall address all utility connections and potential lane closures
anticipated for construction of the project.
12. A Temporary Erosion and Sedimentations Control (TESC) plan, prepared by a
Washington State licensed Professional Engineer, shall be prepared and submitted with the site
construction plans, and shall cover all construction activities for the improvements proposed in
the plans. The TESC plan shall follow the 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City or as amended.
13. All new dry wells and other injection wells must be registered with the Underground
Injection Control program(UIC) at the Department of Ecology, prior to use and the discharge
from the well(s) must comply with the ground water quality requirement (non-endangerment
standard) at the top of the ground water table. Contact the UIC staff at UIC Program,
Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
http://www.ecy.wa. gov/programs/wg/grndwtr/uic/registration/ieg info.html for registration forms
and further information. Copies of the registration for drywells, which receive public road
stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley
NPDES Permit Number is WARO4-6507.
SPOKANE COUNTY DIVISION OF UTILITIES:
14. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the
project shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required."
15. The applicant shall submit expressly to Spokane County Division of Utilities, "under
separate cover", only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
16. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
17. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a form
acceptable to the Division of Utilities, and in accordance with the Spokane County Sanitary
Sewer Ordinance.
18. Security shall be submitted to the Division of Utilities, prior to approval of the Sewer
Design Plans.
19. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision SUB-09-07 Page 16
SPOKANE REGIONAL HEALTH DISTRICT:
20. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
21. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Spokane Valley Planning Division to the utility companies, the Spokane
Valley Engineer, and the Spokane Regional Health District.
22. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
23. Water service shall be coordinated through the Director of Utilities, Spokane County.
24. Water service shall be by an existing public water supply, when approved by the Regional
Engineer(Spokane), State Department of Health.
25. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
26. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use must be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor), and the fire protection district must certify, prior to the
filing of the final plat, on the face of said water plan that the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
must be drafted on a transparency suitable for reproductions.
27. Prior to the filing of the final plat, the purveyor must also certify on a copy of the water
plan that appropriate contractual arrangements have been made with the applicant for
construction of the water system, in accordance with the approved plan and time schedule. The
time schedule will provide, in any case, for completion of the water system and inspection by the
appropriate health authorities prior to application for building permits within the plat. The
contractual arrangements will include a provision holding City of Spokane Valley, Spokane
Regional Health District, and the purveyor harmless from claims by any lot purchaser refused a
building permit due to failure of the applicant to satisfactorily complete the approved water
system.
28. A public sewer system shall be made available for the plat, and individual service shall be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems will not
be authorized.
29. The final plat dedication shall state: "A public sewer system will be made available for the
plat and individual service will be provided to each lot prior to sale. Use of individual on-site
sewage disposal systems shall not be authorized."
HE Findings, Conclusions and Decision SUB-09-07 Page 17
30. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
31. The final plat dedication shall state: "The public water system, pursuant to the Water
Plan approved by the Regional and State health authorities, the local fire protection district and
water purveyor shall be installed within this subdivision; and the applicant shall provide for
individual water service as well as fire protection to each lot prior to the sale of each lot, and prior
to the issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
32. The western most north-south road shall be named Harmony.
33. The east-west roads shall be named (from north to south) Frederick, Fairview, Mountain
View, and Grace.
34. Roads less than twenty-six (26) feet wide shall be posted "No Parking" on both sides.
Roads 26 to 32 feet wide shall be posted on one side "No Parking—Fire Lane."
35. If gates are proposed, a "to-scale" drawing shall be submitted. The minimum width for
the gates shall be twenty(20) feet.
36. Seven new fire hydrants need to be installed at the following locations:
a. Southwest corner of Euclid and McMillan
b. Southwest corner of Frederick and Harmony
c. Northwest corner of McMillan and Fairview
d. Southeast corner of Fairview and Harmony
e. Southwest corner of Mountain View and McMillan
f Northeast corner of Grace and Harmony
g. Northwest corner of Buckeye and McMillan
Hydrants shall stand plumb. The traffic breakaway flange is to be set at the finished curb/grade
elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There
shall be a clear area around the hydrant of not less than 36 inches as measured from the outside
edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both
outlets and the control valve.
All hydrants shall have a minimum of three outlets, one 4 1/2 inch inside diameter pumper outlet
and two 2 1/2 inside diameter outlets. Threads on all outlets shall be National Standard Thread
(NST). The pumper port shall face the street. Where the street cannot be clearly defined or
reorganized, the port shall face the most likely route of approach and location of the fire
apparatus while pumping, as determined by the local fire protection authority.
37. Provide a water plan showing location of required hydrant and size of water main.
HE Findings, Conclusions and Decision SUB-09-07 Page 18
38. The above conditions shall be modified, at the request of the Fire District, to reflect the
modification to the internal road system to the preliminary plat required by the above conditions
of approval.
AVISTA UTILITIES:
39. All utility easement strips shall be located behind sidewalks, and that water meter boxes be
prohibited within the utility strip.
40. The final plat dedication shall state: " `Dry' utility easements shown on the herein described
plat are hereby dedicated for the use by serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective "thy" facilities; fiber optics, cable,
phone, natural gas and electric. The rights granted herein shall prohibit: Encroachment of drainage swales
or `208 structures' when they interfere with the utilization of these easement strips by the serving utilities;
Changes in-grade that alter coverage over installed facilities; Installation of water meter boxes; Placement
of surface structures of brick, rock or masonry that interfere with the rights granted herein. The installation
of street light poles is also prohibited unless installed by the serving utility company. Utility companies
shall also have the right to trim or remove trees,bushes, and landscaping, without compensation, when they
are situated within the easement strip. This provision shall not prohibit fences or any lateral crossings of
the easement strips with domestic water or sewer lines. if the developer or his subcontractor should ditch
beyond the limits of the platted easement strips shown hereon, the easement shall then be identified by the
actual physical location of the installed utilities."
QWEST:
41. A minimum, 10-foot dry utility easement bordering both sides of all interior streets shall be
provided for Qwest.
C. Prior to or during on-site construction, the applicant shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Provide a professional archaeological survey of the site, and consult with the Spokane
Tribe of Indians cultural committees and staff regarding cultural resource issues. If any
artifacts or human remains are found during excavation, work in the area of the excavation shall
immediately cease; and the tribe, the State Department of Archaeology &Historic Preservation,
and City Planning Division shall be notified within a 24-hour period.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
2. A pre-construction conference meeting with Development Engineering is required prior to
the start of construction, during which meeting standards and submittal requirements for the
Construction Certification will be given to the project engineer/inspector.
HE Findings, Conclusions and Decision SUB-09-07 Page 19
3. For construction affecting public right-of-way, securely post a sign that provides
construction details at each entrance to the final plat, at least fourteen (14) days prior to
construction. The sign must be clearly visible from the right-of-way.
4. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
5. NOTICE—The Regional Pavement Cut Policy(County Standards, Technical Reference
F) may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium
on pavement cuts for newly paved streets. Please contact the City right-of-way inspector at (509)
688-0053 for further information.
6. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to
the start of site work, and maintained throughout the duration of construction and until the site
has stabilized.
SPOKANE REGIONAL CLEAN AIR AGENCY:
7. Dust emissions during demolition, construction, and excavation projects shall be
controlled. Appropriate measures shall include but are not limited to the use of water sprays,
tarps, sprinklers or suspension of activity during certain weather conditions.
8. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces
onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
9. Debris generated as a result of the project shall be disposed of by means other than burning.
10. If objectionable odors result from the project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
11. Special attention should be given to proper maintenance of diesel powered construction
equipment, to reduce the impact of diesel exhaust, a suspended carcinogen.
12. A Notice of Construction and Application for Approval must be submitted and approved
by Spokane Clean Air prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact Spokane
Clean Air for a Notice of Application.
13. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition
project or asbestos project. An asbestos survey must be done by an AIHERA accredited building
inspector prior to the demolition or renovation of buildings to determine if asbestos-containing
material is present at the site. Contact Spokane Clean Air for a Notice of Intent application.
HE Findings, Conclusions and Decision SUB-09-07 Page 20
DATED this 12°i day of May, 2008
CITY HEARING EXAMINER PRO TEM
Mich,el C. Dempsey, WSI3At �'S
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), which is
part of the City of Spokane Valley Uniform Development Code (UDC), the decision of the
Hearing Examiner on an application for a preliminary plat is final and conclusive unless
within twenty-one (21) calendar days from the date of issuance of the Examiner's decision,
a party with standing files a land use petition in superior court pursuant to chapter 36.70C
RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's
decision is three (3) days after it is mailed.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under Section 17.80.130(4) of the UDC, on May 12,
2008. The date of issuance of the Hearing Examiner's decision is therefore
May 15, 2008. THE APPEAL CLOSING DATE IS JUNE 5, 2008.
The complete record in this matter, including this decision, is on file during the
appeal period with the Office of the Hearing Examiner, Third Floor, Public Works
Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245; and may be
inspected by contacting Leslie Busch at(509) 477-7490. The file may be inspected during
normal working hours, listed as Monday-Friday of each week, except holidays, between the
hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the
City of Spokane Valley Department of Community Development-Planning Division, 11707
E. Sprague Avenue, Spokane Valley,WA, 99206; by contacting Micki Harnois at (509)
921-1000. Copies of the documents in the record will be made available at the cost set by
the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision SUB-09-07 Page 21